Category: Congress

Europe’s Invasive Species: We Should Keep Macron’s Oak And Send Back His Speech Limits

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U.S. House of Representatives

Below is my column in The Hill on the speech by French President Emmanuel Macron and his calling for the United States to join France in a crackdown on “fake news.” Our members were either clueless or complicit in this thinly veiled call for speech regulation on the Internet. However, there is growing pressure from Europe for the United States to abandon its long commitment to free speech — a call that is being heard by a rising number of academics and politicians.  I love the oak (which has disappeared) but the advice in far more invasive for this country.

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The Blocked Caller: House Intelligence Committee Report Challenged Over Refusal To Subpoena Critical Phone Record

downloadI ran a column yesterday discussing one of findings of the House Intelligence Committee dealing with James Clapper. The report was largely well-supported and was even critical of Trump’s calling for Wikileaks and the Russians to release hacked material.  However, one element of the Democratic rebuttal also struck me as equally credible.  The Democrats objected, among various shortcomings in the Committee investigation, that a critical call was never pursued by the majority.  The timing of the call strikes me as raising a legitimate question and, absent countervailing facts from the majority, would seem to constitute a glaring omission.  It is not clear why the majority did not try to determine the identity of the “blocked caller” before the infamous meeting of Donald Trump Jr., Paul Manafort, Jared Kushner, and Russians in Trump Tower.

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Mr. President, Beware Of The Wolf Trap

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NPS.gov

Below is my column in The Hill newspaper on the greatest danger for President Donald Trump in the raids on his personal attorney’s office, home, and hotel room.  Michael Cohen’s real threat may be as bait — either by design or default.  It is the perfect Wolf Pit and Trump could prove the ultimate prize if he is not restrained in his reaction to the raid.  The most significant blows for his Administration has been the result of Trump’s responses to events.  The most obvious was his disastrous decision to fire Comey in the middle of the Russian investigation.  Already, the Cohen raid has reportedly pushed Trump away from speaking with Mueller.  Cohen has already maximized the damage to himself and his client. He may now have derailed the effort of Trump’s D.C. legal team to prepare him for a sitdown with Mueller on four categories.  At the same time, Trump is reportedly back to threatening that he might fire Mueller or Rosenstein or Sessions.  Despite the overwhelming view of experts and Republican leaders that such a move would highly damaging to his Administration and could trigger impeachment proceedings, there is still a palpable fear that that Trump could take such a self-defeated course.

Here is the column:

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Study: Top 20 Percent of Income Households Pay 87 Percent Of Taxes

160px-IRS.svgThe Joint Committee on Taxation in Congress has issued a new report on tax burdens across the United States.  The Committee used data from the Tax Policy Center and divided the public into five income groups.  What they found was that the top 20 percent of earners paid 87 percent of the taxes in the country.  The remaining 80 percent covered 13 percent of the burden.  The data could challenge the common mantra of politicians that the top earners do not pay their fair share.  Though the concentration of wealth should be considered (and a recent study found that one percent of the world’s wealthiest individuals control two-thirds of the world’s wealth), the figures in the United States shows an increasing tax burden in the top 20 percent range.  We have previously discussed such studies and the disconnect between the rhetorical and the statistical in tax debates.

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The Proposed Mueller Protections Would Achieve Little While Risking Much For Congress

800px-Capitol_Building_Full_ViewBelow is my column in the Hill newspaper on the push for new legislation to Robert Mueller.  I supported the appointment of a Special Counsel and still believe that Mueller must be allowed to complete his work. However, this legislation would do little in terms of real protection while putting at risk a major piece of precedent from the Supreme Court.

Here is the column:

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Sessions Moves To End The Spin Cycle: The Independent Investigation of FBI Allegations Is Long Overdue

jeff_sessions_official_portraitBelow is my column in The Hill newspaper on why a separate and independent investigation of the FBI’s conduct is warranted.  My support for the investigation is not because I believe that criminal charges will likely be brought. Rather, I have never seen our country more divided and I cannot imagine any way for us to get beyond this poisonous political environment without full and complete investigations with public disclosure of the findings.  As I have stated in interviews, I comment Attorney General Jeff Sessions in not only giving this matter to the Inspector General but ordered U.S. Attorney John Huber to assist in the investigation.  The combination of the U.S. Attorney and the Inspector General is likely to expedite the investigation and maximize the options for the Justice Department — including the option reserved by Sessions to eventually order the appointment of a Special Counsel.  Critics of Sessions are missing the import of the joint investigation.  He has selected a line prosecutor from outside of the Beltway to review the conduct of FBI officials, including James Comey and Andrew McCabe. Huber adds prosecutorial experience and powers to the ongoing IG investigation.

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Democratic Attorneys General To Challenge Addition of Citizenship Question On U.S. Census

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Mr. President, Take The Mueller Deal

Below is my column in The Hill newspaper on the reported proposal that President Donald Trump sit down with Special Counsel Robert Mueller to address four specific areas of inquiry.  Those areas just happen to be the ones where Trump has the strongest and most obvious defenses.  If the deal is that this would be a one-time sit down (and any later issues would be addressed in written interrogatories), it is a deal that would be hard to pass up. It is not without considerable risks of course, particularly for any false statement allegations. However, if the President were ready to be properly prepped and listens to counsel, he could thread this needle.  It would also avoid a fight over a subpoena.  While the law on the question is hardly settled, Mueller could win such a court fight and force Trump into an interview.  Both the political and constitutional costs of such a fight should be avoided.

Here is the column:

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THE EXQUISITE CORPSE: HOW ANDREW MCCABE IS NOW PART OF THE BODY POLITIC

McCabeAt the turn of the last century, surrealists had a parlor game in Paris called “The Exquisite Corpse” where writers would create collective stories by writing lines without knowing what preceded them. The lines were often nonsensical like the line that gave the game its name: “Le cadavre exquis boira le vin nouveau. ” (“The exquisite corpse shall drink the new wine.”) With minutes of his firing, former FBI Deputy Director Andrew McCabe became such an exquisite corpse with various politicians adding lines to his story that seemed entirely disconnected to his story. Former FBI Director James Comey used McCabe to pitch his upcoming book while former Attorney General Eric Holder used him to effectively attack career staff at his former agency. The point of the game in both politics and literature is not to advance a coherent narrative but insert your own lines into a collective story.

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Lost and Found: It Turns Out McCabe Never Lost His Roughly $2 Million Pension

McCabeIn all of the discussion of the firing of Andrew McCabe, various news outlets focused his “loss” of his pension as opposed to the fact that career officials called for his firing for serious misconduct.  It now appears that what was lost will soon be found for McCabe.  The firing denied McCabe early pension recovery at age 50 of roughly $60,000 a year. However, that only means that he will receive the pension like other federal officials when he reaches the federal retirement age.  If Democratic members have their way, it could be even shorter than that.

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Will Court Challenges Shoot Down The Array Of New Gun Control Law?

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Photo courtesy of the St. Louis Circuit Attorney’s Office via Wikimedia Commons

Below is my column on various proposal for gun control reforms after the latest school massacre in Florida.  As the column discusses, the constitutional burden is more demanding than suggested by many politicians. This is clearly a right that is subject to reasonable limitations but it is an individual constitutional right that affords gun owners a higher protection in the court.

 

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House Intelligence Committee Member Accuses Former CIA Director Clapper Of Leaking Classified Information

Jim_Jordan_official_photo,_114th_Congress220px-James_R._Clapper_official_portraitHouse Intelligence Committee member Rep. Jim Jordan (R-Ohio) leveled a serious allegation at former Director of National Intelligence James Clapper.  Jordan alleged that Jordan leaked classified information about the Trump-Russia investigation to CNN.  Clapper later became a CNN contributor.  I recently wrote a column about how Clapper ran out a statute of limitations for allegedly lying in testimony to Congress.

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Gina Haspel’s CIA Nomination Is A Women’s Milestone We’d Be Wise To Avoid

440px-Gina_Haspel_official_CIA_portraitBelow is my column in USA Today on the nomination Deputy Director Gina Haspel to head the CIA.  While Sen. Rand Paul has declared that he will oppose Haspel over torture, some Democrats (who are being criticized for previously failing to act on torture allegations) are again hedging on whether they will oppose a nominee solely due to her involvement in the torture program.  However, one promising development is an effort by Sen. Dianne Feinstein to have Haspel’s record on torture declassified. There remains some debate over Haspel’s role on notable cases.  Reports still indicate that Haspel oversaw the torture of Abd al-Rahim al-Nashiri at the “Cat’s Eye.”  However, it is not clear if she was “Chief of Base” during the torture of Abu Zubaydah.  ProPublica issued a correction Thursday that she was not Chief at the time of the Zubaydah torture.  There is no debate that Haspel ordered the destruction of evidence of the torture program.

Here is the column (which has been edited since its original posting):

 

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Warren: I Will Not Take A DNA Test

official-portraitWe have been following the controversy over the claim of Native American ancestry by Sen. Elizabeth Warren and the continued criticism from President Donald Trump who continues mock her as “Pocahontas”. Recently, we discussed Warren’s surprise speech doubling down on her claim and whether Warren would simply take a DNA test to put the matter to rest.  The suggestion was echoed by the media in Massachusetts like the Berkshire Eagle  For $100, the question is why let the matter simmer. Warren answered that question this weekend and the answer is no.

 

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Conway Found In Violation Of The Hatch Act By Special Counsel

Screen Shot 2017-11-26 at 10.09.44 PM.pngWe previously discussed the complaint filed by Walter Shaub, the former director of the Office of Government Ethics against White House Counselor Kellyanne Conway for violating the Hatch Act.  At the time, I discussed my view that the statements of Conway concerning the special Senate election in Alabama were clear violations of the Act.  The new report by OSC special counsel, Henry Kerner found two violations in Conway’s making highly political statements in her “official capacity” in November and December of last year in supporting Alabama candidate Roy Moore. Kerner, a Trump appointee, in a letter to President Donald Trump, called on President Trump to take “appropriate disciplinary action.”  However, the White House issued an almost immediate dismissal of the findings.  That was a mistake in my view.  The President can justify not firing Conway but, particularly for an Administration fighting what it considers politicized actions in the Executive Branch, the President should reaffirm the need to comply with the Hatch Act, Some have criticized the act, but it remains federal law.

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